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SOBY CONST., INC. v. SKJONSBY TRUCK LINE

Civ. No. 9534.

275 N.W.2d 336 (1979)

SOBY CONSTRUCTION, INC., Plaintiff/Appellant, v. SKJONSBY TRUCK LINE, INC., Defendant, Third-Party Plaintiff and Appellee, v. NEW HAMPSHIRE INSURANCE COMPANY, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

February 1, 1979.

Attorney(s) appearing for the Case

Johnson, Milloy, Johnson, Stokes & Robinson, Wahpeton, for plaintiff and appellant; argued by A. Warren Stokes, Wahpeton.

Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, for defendant, third-party plaintiff and appellee; argued by Stephen W. Plambeck, Fargo.

Conmy, Feste & Bossart, Ltd., Fargo, for third-party defendant and appellee; appearance by Wickham Corwin, Fargo.

PAULSON, Justice.

This is an appeal by the plaintiff, Soby Construction, Inc. [hereinafter Soby], from a judgment entered in the Cass County District Court granting the motion of the defendant, Skjonsby Truck Line, Inc. [hereinafter Skjonsby] and the third-party defendant, New Hampshire Insurance Company, to dismiss Soby's complaint with prejudice. Soby commenced this action against Skjonsby after a Caterpillar D9 tractor [hereinafter D9 tractor] owned by Soby was...

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